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AF | BCMR | CY2011 | BC-2010-04253
Original file (BC-2010-04253.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-04253

            COUNSEL:  NONE:  NOT INDICATED

            HEARING DESIRED:  NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reentry (RE) code “2Q” (Personnel medically retired  or  discharged)  be
changed to allow him to enlistment in the Reserves.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was medically discharged from the military  for  a  misdiagnosed  medical
condition.  He now has a clean bill of health.

The evidence submitted in support of the appeal is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to  this  application  are  contained  in  the
letter prepared by the appropriate offices of the Air  Force.   Accordingly,
there is no need to recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOA reviewed this application and recommends  denial.   AFPC/DPSOA
states the applicant has not provided any evidence that the RE code was  the
result of an error or injustice. The RE code on the applicant’s DD Form  214
is correct. DPSOA further states if the applicant is otherwise  eligible  to
reenter military service, a waiver of the RE  code  by  recruiting  services
would be more appropriate than changing his RE code to an  invalid  code  to
allow reentry.

The complete AFPC/DPSOA evaluation is at Exhibit C.

HQ AFPC/DPSD reviewed this application and recommends  denial.   DPSD  found
no errors or injustices during the  disability  processing.   The  applicant
received the appropriate RE code for an individual who  has  been  medically
separated.

The complete AFPC/DPSD evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation were forwarded to applicant on 25 Mar  11
for review and comment within 30 days.  As of this  date,  no  response  has
been received by this office (Exhibit E).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  error  or  injustice.    After   careful   consideration   of
applicant's  request  and  the  available  evidence  of  record,   we   find
insufficient evidence of error or injustice to  warrant  corrective  action.
The facts and opinions stated in the advisory opinions appear  to  be  based
on the evidence of record and have  not  been  adequately  rebutted  by  the
applicant.  Absent persuasive evidence the applicant was  denied  rights  to
which entitled, appropriate regulations were not  followed,  or  appropriate
standards were not applied,  we  find  no  basis  to  disturb  the  existing
record.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2010-
04253 in Executive Session on 14 Jun 11, under the  provisions  of  AFI  36-
2603:

       , Panel Chair
       , Member
       , Member

The following documentary evidence, pertaining to AFBCMR Docket  Number  BC-
2010-04253, was considered:

    Exhibit A.  DD Form 149, dated 30 Jul 10, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOA, dated 5 Jan 11.
    Exhibit D.  Letter, AFPC/DPSD, dated 3 Feb 11.
    Exhibit E.  Letter, SAF/MRBR, dated 25 Mar 11.





                                             Panel Chair

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